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Failure to Yield When Being Passed

Moving Traffic Violation - Ohio Statute 4511.27

Speeding Ticket, Traffic Ticket, and Traffic Violation Defense Attorney & Lawyer with offices in Perrysburg, Ohio, and Lambertville, Michigan, serving the Toledo, Perrysburg, and Northwest Ohio area.


Kenneth C. Walz, JD, RRT-NPS aggressively defends the legal rights of those who have been cited and/ or charged for Failure to Yield When Being Passed in the Perrysburg, Maumee, Sylvania, Toledo, Lambertville or the Northwest Ohio and Southwest Michigan areas. Contact Mr. Walz, an experienced Failure to Yield When Being Passed Defense Attorney - Lawyer by calling (419) 931-0067 (Ohio) or (734) 568-0136 (Michigan).

Listed below is information regarding the law as it relates to Failure to Yield When Being Passed in the State of Ohio.

Failure to Yield When Being Passed

  • Criminal Offense: Yes - Misdemeanor of the Fifth Degree (Minor Misdemeanor)

  • Moving or Nonmoving Violation: Moving Violation

  • Point On Drivers License: 2

  • Conviction Penalties: no incarceration, $150 maximum fine

Failure to Yield When Being Passed - If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense

  • Criminal Offense: Yes - Misdemeanor of the Forth Degree

  • Moving or Nonmoving Violation: Moving Violation

  • Point On Drivers License: 2

  • Conviction Penalties: not more than 30 days incarceration, $250 maximum fine

Failure to Yield When Being Passed - If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses

  • Criminal Offense: Yes - Misdemeanor of the Third Degree

  • Moving or Nonmoving Violation: Moving Violation

  • Point On Drivers License: 2

  • Conviction Penalties: not more than 60 days incarceration, $500 maximum fine


What the Statute Says:

4511.27 Overtaking and passing of vehicles proceeding in the same direction.

(A) The following rules govern the overtaking and passing of vehicles or trackless trolleys proceeding in the same direction:

(1) The operator of a vehicle or trackless trolley overtaking another vehicle or trackless trolley proceeding in the same direction shall, except as provided in division (A)(3) of this section, signal to the vehicle or trackless trolley to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle or trackless trolley.

(2) Except when overtaking and passing on the right is permitted, the operator of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle at the latter’s audible signal, and the operator shall not increase the speed of the operator’s vehicle until completely passed by the overtaking vehicle.

(3) The operator of a vehicle or trackless trolley overtaking and passing another vehicle or trackless trolley proceeding in the same direction on a divided highway as defined in section 4511.35 of the Revised Code, a limited access highway as defined in section 5511.02 of the Revised Code, or a highway with four or more traffic lanes, is not required to signal audibly to the vehicle or trackless trolley being overtaken and passed.

(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

Effective Date: 01-01-2004


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Ohio Law Offices
28350 Kensington Lane
Perrysburg, Ohio 43551

Phone: (419) 931-0067


Michigan Law Offices
8336 Monroe Rd, Suite 205
Lambertville, Michigan 48144

Phone: (734) 568-0136


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Failure to Yield When Being Passed Defense, Speeding Ticket, Traffic Ticket, Traffic Citation and Traffic Violation Attorney & Lawyer legal services for the following areas: Perrysburg, Toledo, Rossford, Maumee, Lime City, Roachton, Walbridge, Monclova, Bowling Green, Waterville, Oregon, Sylvania, Ottawa Hills, Northwest Ohio, Lucas County, Wood County, Lambertville, Temperance, Ottawa Lake, Samaria, Erie, Luna Pier, Monroe, Hillcrest Orchard, La Salle, Southeast Michigan, Monroe County.